In the Matter of: A.B. and B.B. (Minor Children); E.B. (Mother) v. Indiana Department of Child Services

Summary

The Indiana Court of Appeals affirmed a CHINS adjudication involving two minor children after their mother failed to protect them following an allegation of sexual abuse by her husband. The court held that any error in denying the mother's emergency continuance was harmless because she failed to demonstrate prejudice. The court also upheld exclusion of unstipulated polygraph evidence, concluding that Indiana's stipulation requirement applies in CHINS proceedings.

Holdings

1. Even assuming the trial court abused its discretion by denying Mother's emergency continuance motion, reversal was unwarranted because Mother failed to establish prejudice resulting from the denial.
2. Polygraph evidence is generally inadmissible unless the parties have validly stipulated to its admission; the rule applies in civil and CHINS proceedings.
3. The trial court acted within its discretion by excluding Stepfather's unstipulated polygraph results.

Questions Presented

1. Whether the trial court abused its discretion by denying Mother's emergency motion to continue the CHINS factfinding hearing after one of her attorneys was hospitalized.
2. Whether Mother established prejudice sufficient to warrant reversal based on the denial of the emergency continuance.
3. Whether the trial court abused its discretion by excluding the results of Stepfather's unstipulated polygraph examination.
4. Whether Indiana law permits admission of polygraph results in a CHINS proceeding without a valid stipulation between the parties.

Disposition

affirmed